The Share Game (www.thesharegame.com) Terms and Conditions
Christian Heinisch IT-Consulting
Am Weinberg 13
Version 1.0 - May, 20th,2018
- 1 Scope, Contracting Parties, Revocation
These terms and conditions (T&Cs) are a contractual part of the user relationship between the Christian Heinisch IT Consulting, Am Weinberg 13, 23858 Reinfeld, Germany (provider) and the user (user) of the services of the provider. The services offered and these Terms and Coditions are aimed exclusively at consumers, i.e. at natural persons, who conclude a legal transaction for purposes that cannot be attributed to either their commercial nor their independent professional activity. It is inadmissible for users to use the services of the provider for commercial or profit purposes. If the user has his own terms and conditions, then these are only valid if the provider has agreed to this in writing in advance.
The terms and conditions are published on the websites of the services (www.thesharegame.com). On written request, these are also available as a print version. In addition, the rules of the game (current version) and the data protection policy for the services of the provider apply.
By applying for an account, the user must accept the terms and conditions during registration. Registering results in a binding request for a quote for the conclusion of a contract between the provider and the user. The user must complete all data fields completely and correctly.
Users must be at least 18 years old at the time of registration. If minors want to use the services of the provider, then an agreement of the legal representative must be present before the registration. By registering, the user confirms and assures that he is of legal age and capable of acting. If the user is under 18 years of age, the user confirms the existence of the consent of the legal representative.
The usage relationship begins with the submission of the user's registration to the provider and the acceptance of the registration by the provider. The acceptance takes place through the establishment of an account. The usage relationship ends
- with the termination of the user (for example by request for deletion of his account)
- by termination of the account by the provider
- by blocking the account by the provider
- by deletion of the account by the provider.
The user has the right of withdrawal; to which we hereby expressly refer. The following cancellation policy explains the nature and scope of the revocation:
You have the right to withdraw from this contract within fourteen days from the date of conclusion of the contract (= binding order of services) without stating a reason.
To exercise your right of withdrawal, you must provide the provider with a clear statement (such as a letter sent by post, telephone call or e-mail) of your decision to cancel this agreement. Upon receipt, we will send you a confirmation (by e-mail) of the receipt of your cancellation within 24 hours.
After your cancellation, we will refund any payments we have received from you without delay and no later than fourteen days from the date on which we received your cancellation of this agreement.
- 2 Services, offer, additional services and functions, charges, terms of payment
The provider makes its services available on the Internet and allows the user to participate in its services in the latest version. The user himself care for the technical conditions for participation in these services (for example access to the Internet). The service offer of the provider does not include the provision of the technical requirements.
The user does not have a claim to participation in the services of the provider. The provider has the right to restrict the establishment of a user account (account) or refuse without justification.
The provider does not guarantee that the services fulfil special requirements and wishes of the user. The provider assumes no responsibility.
Anytime, uninterrupted and full availability of the services is not guaranteed by the provider (possible reasons: technical or other problems beyond the sphere of influence of the provider, e.g. fault of third parties, force majeure etc., inaccessibility through the internet, maintenance work on the servers or the software), Access to the Services may be restricted in whole or in part by the provider. This may be necessary to maintain the security of operation, network integrity, network interference prevention, access, software, stored data, and the like.
technical environment, content, user interface or other manifestation of the service can be changed and adapted by the provider. The user is not entitled to further development or a specific technical, content, visual or other manifestation of the service. This also applies when purchasing a paid premium account. The user's right to use the services is granted in their current form and appearance.
It may not possible to maintain the services in the version that existed when the contract was signed. The provider can discontinue the operation of the service at any time and without stating reasons.
Tips or advice to use the service by the provider or his employees are always made without obligation. A compensation of disadvantages that accrue to the user from this is excluded.
The services are free, unless explicitly stated otherwise in their service description (premium account).
Functions are standard services of the service for direct game operation (for example, company formation, stock trading, exchange of messages). Auxiliary services are those functions that are available in addition to the normal game operation and that offer the user additional quality in the use of the functions.
Additional Functions or additional services can be purchased against payment within the service (premium account).
For additional services and functions, the respective descriptions, which are available on the websites of the Services, are considered as additional conditions - in addition to these Terms and Conditions. The nature, scope, content, design and use of functions or additional services may be changed, extended, limited, no longer offered or included free of charge in the service offer by the provider at any time.
There is no obligation to purchase functions or additional services for a fee. Functions or additional services may be unique or limited in time. After expiry of the period booked by the user, temporary functions or additional services expire. However, they can be booked again or extended (if the provider still offers them).
If the user has paid in advance for the use of functions or additional services and these functions or additional services can no longer be used for reasons for which the provider is responsible, the provider will offer other functions or additional services as a replacement or reimburse the paid fee at the rate for the time. The user also has the right to terminate the contract with regard to the no longer usable functions or additional services with immediate effect. Further claims of the user are excluded.
For the use of functions or additional services, the provider may require payments in advance. Advance charges for the use of these functions or additional services become immediately due upon confirmation of the booking by the provider (= conclusion of the contract).
The provider offers various payment methods, he determines which payment methods are offered, connected or disconnected. The user determines with which payment method charges are collected. The user is hereby informed that payment service providers only transfer part of the collected fees to the provider. The eventual claim of the user for reimbursement of fees is limited to the amount actually received by the provider. A reimbursement of the amount retained by the payment service provider will not be made.
In the event of default, the provider can terminate the usability of functions or additional services and temporarily or permanently deny the user further participation in the game (blocking of the account). The user remains obliged to pay the agreed fee.
If the provider incurs costs for chargeback or cancellation due to reasons for which the user is responsible, these must be reimbursed to the provider. These costs may be recovered or requested by the provider in addition to the original charges.
- 3 Defects, duties of the user
The service is provided by the provider in the current version. If the offer is based on a preliminary version (e.g., "trial version"), it will be displayed to the user accordingly. Features or additional services may not be available in these prelimiary and/or trial versions.
The service offered by the provider is subject to ongoing development, adaptation and troubleshooting. However, the provider cannot provide complete and error-free software. Functions or additional services are only defective if the use of the service in its entirety and permanently disturbed. Determined defects are traceable by the user and, ideally with the indication of appropriate error or other messages of the software, to describe back to the provider. This can be done, for example, via the Bug Report and Issue Report System integrated in the service.
Guarantees in the legal sense are taken over by the provider only if expressly agreed.
The user is obliged and obliges to
- keep his access data to the service secret and not to third parties
- set up and use only one user account (account). It is not allowed to create more than one user account by a user.
- not use technical devices or programs that prevent or prevent the identification of the multiple use of user accounts in whole or in part, during use of the service
- use any external scripts and / or other programs in parallel with the software of the service, unless the use was explicitly allowed by the provider.
- not use errors, omissions or unusual behaviour of the software of the service to procure own benefits or to harm other users. Benefits derived from this can be revoked or cancelled by the provider
- not distribute any images, links, names, terms or other expressions with promotional, political, offensive, sexist, pornographic, racist, unlawful or morally reprehensible or offensive content within the service.
- not use legally protected terms, names, trademarks or images. The user has to remove content criticized by the provider immediately. The provider has the right to remove such contents even without prior warning even in whole or in part
- not harass or threaten other users, or to violate the rights and especially the privacy rights of third parties. The instructions of the provider are to be followed by the user. Instructions from administrators of the service's chat rooms, gameplay and forums should be followed.
- in the event that on the web pages of the service advertising is used, not use ad blockers or disable them while using the service. The provider can in turn use software for the detection of ad blockers.
- observe the above-mentioned regulations. A violation of the rules and duties described there can be punished by the provider as it results from the terms and conditions or the rules.
- not culpably violate the obligations or violations mentioned in the above-mentioned regulations. In case of infringement, the provider can immediately or temporarily exclude the user from further participation in the service. This is done by blocking the account and / or deleting the access data. In this case, there will be no refund or compensation for account (s), features or additional services booked by the user at the time of suspension. Possible damage claims of the provider remain unaffected.
- in the case of a self-imposed cancellation, re-setting or blocking of their account exempt the provider from the reimbursement / value replacement obligation, even if booked and already paid functions or additional services are eliminated.
- 4 Termination, change of the terms and conditions
The user can terminate his participation in the service offer. This can be done at any time without justification and without observing a deadline.
The provider may terminate the service offer in whole or in part, temporarily or permanently. This can be done in whole or in part at any time without justification and without observing a deadline.
If the contract or the use of additional services or functions is tied to a specific term, then the contract is deemed closed for exactly this term.
Both contracting parties have the right to immediate termination of the service contract or the usage contract of functions or additional services for good cause at any time.
If the provider is responsible for the extraordinary termination of the service contract or the usage contract for functions or additional services, then he will reimburse the user for the fees paid by him in advance over the regular termination period on a pro rata basis. Further claims of the user are excluded.
If the user defaults on the payment of fees due and fails to pay in spite of a warning or if the user culpably violates the rules of the service and, despite a warning, does not omit, discontinue or eliminate the violation, he may terminate the contract for an important reason. If the continuation of the contract is unreasonable for the provider, for example, because of particularly serious violations of the user (crimes, multiple accounts, etc.), then a warning is not required
If the provider terminates for good cause, the user shall not be entitled to any refund or compensation for the additional services or functions affected by the termination.
The terms and conditions are subject to change without notice. If the terms and conditions are changed in the manner described, this will be announced to the user on the website of the service. Users who do not accept changed terms and conditions of the Terms and Conditions are obliged to notify the Provider and to unsubscribe within 14 days. Any fees already paid beyond this period will be reimbursed pro rata to the user. Further claims are excluded.
- 5 Miscellaneous
The contract language is German.
The laws of the Federal Republic of Germany shall apply to these T&Cs as well as all contracts concluded on their basis, excluding the UN Sales Convention (Uniform Sales Law) and the conflict rules of international private law.
As of May 2018
Christian Heinisch IT Consulting
Owner: Christian Heinisch
Am Weinberg 13
23858 Reinfeld (Holstein)